268 Application of sections 269 and 270

(1)

Sections 269 and 270 apply if, on or after 1 January 2008, leased premises, or the whole or any part of the land on which the leased premises are situated, are destroyed or damaged by 1 or more of the following events:

(a)

fire, flood, explosion, lightning, storm, earthquake, or volcanic activity:

(b)

the occurrence of any other peril against the risk of which the lessor is insured or has covenanted with the lessee to be insured.

(2)

Section 269 applies even though an event that gives rise to the destruction or damage is caused or contributed to by the negligence of the lessee or the lessee’s agent.

(3)

In this section and sections 269 and 270, lessee’s agent means a person for whose acts or omissions the lessee is responsible.